PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                27 March 2001               
	DOCKET NUMBER:       AR2000047971

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his rank as CW4 in item 5a, correction of item 5b to show his pay grade as W-4, and correction of item 6 to show his date of rank as 20 August 1983.  In addition, he requests correction of item 24 on his DD Form 214 to show an additional award of the Army Commendation Medal, 38 awards of the Air Medal, the Kentucky National Guard State Active Duty Ribbon and the Kentucky Commendation Ribbon.

3.  The applicant states, in effect, that he never received additional awards of the Air Medal or the Army Commendation Medal and that he was only given orders and certificates for these awards.  In support of his application, he submits a copy of his DD Form 214, a notification letter of promotion to CW4, his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), six orders for awards of the Air Medal, the Army Commendation Medal, the Kentucky Merit Ribbon and the Kentucky Commendation Ribbon and award certificates for the Air Medal and the Army Commendation Medal.

4.  The applicant’s military records show that he served in the Regular Army from 24 June 1968 through 1 June 1969.  He was appointed as a Reserve Warrant Officer on 2 June 1969 and served in Vietnam from 12 July 1969 through 8 July 1970 as an helicopter pilot.  The applicant was released from active duty on 18 December 1970.  The applicant also served in the Kentucky Army National Guard and the U.S. Army Reserve (USAR) Control Group from 19 December 1970 through 1 May 1982.  

5.  The applicant’s DD Form 214 shows he was released from active duty in the rank of CW2/pay grade W-2 with a date of rank of 2 June 1970.  

6.  The applicant provided a letter from the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, dated 19 August 1983, which notified him of his promotion to CW4 in the USAR with an effective date of 20 August 1983.  

7.  The applicant’s DD Form 214 shows entitlement to the Army Commendation Medal with “V” Device.  His DD Form 214 does not show any awards of the Air Medal, the Kentucky National Guard State Active Duty Ribbon or the Kentucky Commendation Ribbon as authorized awards. 

8.  The applicant provided a copy of Headquarters, 1st Aviation Brigade General Orders Number 5353, dated 22 October 1969, which awarded him the Army Commendation Medal with “V” Device for action in the Republic of Vietnam on 13 October 1969.

9.  The applicant provided a copy of Headquarters, 1st Aviation Brigade General Orders Number 4040, dated 21 May 1970, which awarded him the Army Commendation Medal for meritorious achievement during the period 1 January 1970 to 15 May 1970.

10.  Records show that Headquarters, 1st Aviation Brigade published amendment orders in July 1970 which show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement for the period 1 January 1970 to 15 May 1970 instead of the Army Commendation Medal.  However, these orders do not include award of the Army Commendation Medal with “V” Device.

11.  The applicant provided a copy of Headquarters, 1st Aviation Brigade General Orders Number 3858, dated 7 August 1969, which awarded him the basic Air Medal for the period 24 July 1969 to 28 July 1969.  

12.  The applicant also provided Headquarters, 1st Aviation Brigade General Orders Number 6723, dated 20 July 1970, which awarded him 37 awards of the Air Medal for the period 22 July 1969 to 4 July 1970.

13.  The applicant’s NGB Form 22, with an effective date of 1 May 1982, shows he was awarded the Kentucky National Guard State Active Duty Ribbon and the Kentucky Commendation Ribbon while he was a member of the Army National Guard and not in a Federal status.  

14.  Army Regulation 600-8-22 (Military Awards) governs the Army awards program.  This regulation does not show the Kentucky National Guard State Active Duty Ribbon or the Kentucky Commendation Ribbon as authorized awards.

15.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.  Item number 6 will contain the service member’s date of rank.

CONCLUSIONS:

1.  The applicant was released from active duty on 18 December 1970 and was issued a DD Form 214 which properly reflects his active duty rank and pay grade of CW2/W-2 with a date of rank of 2 June 1970.  

2.  Evidence of record shows the applicant was promoted to CW4 in the USAR with an effective date of 20 August 1983.  

3.  Since the applicant was promoted to the rank of CW4 after he served on active duty, he is not entitled to correction of his DD Form 214 to show his rank as CW4/pay grade W-4 with a date of rank of 20 August 1983.

4.  Orders show the applicant was awarded the basic Air Medal and 37 additional awards of the Air Medal.  Therefore, he is entitled to a total of 38 awards of the Air Medal and correction of his DD Form 214 to show the Air Medal with Numeral “38”.

5.  The applicant was awarded the Army Commendation Medal with “V” Device followed by award of the Army Commendation Medal for meritorious achievement.  

6.  Orders awarding the Army Commendation Medal for meritorious achievement were amended to show the Army Commendation Medal (First Oak Leaf Cluster), but failed to show the “V” Device.  Therefore, the applicant is entitled to correction of his DD Form 214 to show the Army Commendation Medal with “V” Device (First Oak Leaf Cluster).

7.  Evidence of record shows the applicant was awarded the Kentucky National Guard State Active Duty Ribbon and the Kentucky Commendation Ribbon while he was member of the Army National Guard and not in a Federal status.  These awards are Kentucky Army National Guard awards which are properly shown on his National Guard separation document.  However, these awards are not authorized to be entered on his DD Form 214 as requested.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Air Medal with Numeral “38” and the Army Commendation Medal with “V” Device (First Oak Leaf Cluster).

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

RWA____  GJW____  ALR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Roger W. Able_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047971	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327    	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	100.0000	
3.		
4.		
5.		
6.